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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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At what age can a child decide which parent they want to live

Resolved Question:

At what age can a child decide which parent they want to live with in south carolina? If they choose to live with the non-custodial parent, does the non- custodial parent have to then file for custody?
Submitted: 6 years ago.
Category: Family Law
Expert:  Samuel II replied 6 years ago.



the SC law does not provide for a specific age that a minor can decide who to live with. in those cases, a court may listen to the child's wishes in that regard. but only if the child is of age to articulate clearly what they desire. a judge may take the child into chambers, out of earshot of the parents, and speak to the child. but ultimately, it is the court's decision based on what it deems to be the best interest of the child.



Customer: replied 6 years ago.
My child is 13yrs old. So, should I just file for custody? I'm not trying to make it a battle but, if my child desires to com and live with me I don't see why he should be forced to stay where he doesn't wanna be.
Expert:  Samuel II replied 6 years ago.



i can speculate on what a court will do. everything is considered. home and school environment, character of each parent, etc. and, as i said the child can request to speak with the judge. you can make that request. i understand what you are saying and if all things being equal then it should be left up to the child. there is also a shared or joint custody that can be sought - where both parents have equal time.

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